Legal Opinion

Albert Clatterbuck v. City of Charlottesville

Court of Appeals for the Fourth Circuit

Decided February 21, 2013No. 12-1149, 12-1215PublishedCited by 476 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge AGEE and Judge DAVIS joined.

OPINION

DUNCAN, Circuit Judge:

This case presents the question of whether a municipal ordinance, which prohibits individuals from soliciting immediate donations near two streets that run through the Downtown Mall in Charlottes-ville, Virginia, unconstitutionally restricts the free speech of individuals who regularly beg on the Downtown Mall. We hold that the district court erred by resolving this issue at the pleadings stage, and reverse and remand for further proceedings.

I

A

The…

2Cases cited29 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Papasan v. AllainSupreme Court of the United States · 1986
  5. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000

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3Cited by476 opinions

  1. Roman Zak v. Chelsea Therapeutics InternationalCourt of Appeals for the Fourth Circuit · 2015
  2. Bruce Goldfarb v. Mayor and City Council of BaltimoreCourt of Appeals for the Fourth Circuit · 2015
  3. Birmingham v. PNC Bank, N.A. (In Re Birmingham)Court of Appeals for the Fourth Circuit · 2017
  4. Shawn Massey v. J.J. OjaniitCourt of Appeals for the Fourth Circuit · 2014
  5. Lamont Wilson v. Dollar General CorporationCourt of Appeals for the Fourth Circuit · 2013

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